Once you’ve been pulled over on a suspicion of driving under the influence, it can be difficult to assert your rights even if you feel you’ve done nothing wrong. If the authorities believe you’ve failed a sobriety test, challenging them might seem futile. However, no matter what the circumstances might indicate, several potential defenses exist. At Johnson Bearse, LLP in Frankfort, we aggressively defend Kentucky motorists who are accused of driving while intoxicated. Even a first conviction might land you in jail and trigger other penalties, such as fines and license suspension. To help avoid unfair punishment, our experienced defense attorneys look to uncover flaws in the law enforcement process and work to negotiate sentence reductions when appropriate.
Unlike some other states, Kentucky uses both DUI and DWI interchangeably when referring to a driver who is impaired by alcohol, drugs or some other mind-altering substance, such as inhaled substances. For most drivers, a blood alcohol level of .08 percent or higher qualifies someone as legally intoxicated. However, a motorist under the age of 21 is subject to criminal liability if the reading is .02 percent or above. Each case is unique, and it’s important to know what factors affect your case before determining how to deal with it. Our accomplished criminal defense attorneys can explain each aspect of potential drunk driving penalties, including:
If an accident occurred as a result of impaired driving, a civil action for damages might be initiated as well. Attorney William E. Johnson is a former Franklin County prosecutor. He and our other proven attorneys can outline the potential legal consequences of your DWI arrest and create a strategy to help reduce your sentence or have your charges dismissed.
Just because you failed a field, blood or breath test does not necessarily mean that the result can be used against you in court. Police officers must be able to state why they had a reasonable suspicion that you were operating a vehicle illegally before making the stop. If you were arrested, the prosecution has to show that the facts at the scene created probable cause that a crime was committed. Any statements you made while in police custody must have been preceded by a Miranda warning to be introduced as evidence. We’ll closely examine the facts in your case to see if the stop, search and sobriety tests were admitted properly. Even a delay in administering a sobriety test could taint the case against you.
Johnson Bearse, LLP in Frankfort assists Kentucky motorists who have been charged with driving under the influence of alcohol or drugs. To schedule a consultation at our office regarding your case, please call 502-605-6100 or contact us online.